(a) Offenses. -
(1) In general. - Whoever, during and in relation to any felony
violation enumerated in subsection (c), knowingly transfers,
possesses, or uses, without lawful authority, a means of
identification of another person shall, in addition to the
punishment provided for such felony, be sentenced to a term of
imprisonment of 2 years.
(2) Terrorism offense. - Whoever, during and in relation to any
felony violation enumerated in section 2332b(g)(5)(B), knowingly
transfers, possesses, or uses, without lawful authority, a means
of identification of another person or a false identification
document shall, in addition to the punishment provided for such
felony, be sentenced to a term of imprisonment of 5 years.
(b) Consecutive Sentence. - Notwithstanding any other provision
of law -
(1) a court shall not place on probation any person convicted
of a violation of this section;
(2) except as provided in paragraph (4), no term of
imprisonment imposed on a person under this section shall run
concurrently with any other term of imprisonment imposed on the
person under any other provision of law, including any term of
imprisonment imposed for the felony during which the means of
identification was transferred, possessed, or used;
(3) in determining any term of imprisonment to be imposed for
the felony during which the means of identification was
transferred, possessed, or used, a court shall not in any way
reduce the term to be imposed for such crime so as to compensate
for, or otherwise take into account, any separate term of
imprisonment imposed or to be imposed for a violation of this
section; and
(4) a term of imprisonment imposed on a person for a violation
of this section may, in the discretion of the court, run
concurrently, in whole or in part, only with another term of
imprisonment that is imposed by the court at the same time on
that person for an additional violation of this section, provided
that such discretion shall be exercised in accordance with any
applicable guidelines and policy statements issued by the
Sentencing Commission pursuant to section 994 of title 28.
(c) Definition. - For purposes of this section, the term "felony
violation enumerated in subsection (c)" means any offense that is a
felony violation of -
(1) section 641 (relating to theft of public money, property,
or rewards (!1)), section 656 (relating to theft, embezzlement,
or misapplication by bank officer or employee), or section 664
(relating to theft from employee benefit plans);
(2) section 911 (relating to false personation of citizenship);
(3) section 922(a)(6) (relating to false statements in
connection with the acquisition of a firearm);
(4) any provision contained in this chapter (relating to fraud
and false statements), other than this section or section
1028(a)(7);
(5) any provision contained in chapter 63 (relating to mail,
bank, and wire fraud);
(6) any provision contained in chapter 69 (relating to
nationality and citizenship);
(7) any provision contained in chapter 75 (relating to
passports and visas);
(8) section 523 of the Gramm-Leach-Bliley Act (15 U.S.C. 6823)
(relating to obtaining customer information by false pretenses);
(9) section 243 or 266 of the Immigration and Nationality Act
(8 U.S.C. 1253 and 1306) (relating to willfully failing to leave
the United States after deportation and creating a counterfeit
alien registration card);
(10) any provision contained in chapter 8 of title II of the
Immigration and Nationality Act (8 U.S.C. 1321 et seq.) (relating
to various immigration offenses); or
(11) section 208, 811, 1107(b), 1128B(a), or 1632 of the Social
Security Act (42 U.S.C. 408, 1011, 1307(b), 1320a-7b(a), and
1383a) (relating to false statements relating to programs under
the Act).

SOURCE

(Added Pub. L. 108-275, Sec. 2(a), July 15, 2004, 118 Stat. 831.)

REFERENCES IN TEXT

The Immigration and Nationality Act, referred to in subsec.
(c)(10), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended.
Chapter 8 of title II of the Act is classified generally to part
VIII (Sec. 1321 et seq.) of subchapter II of chapter 12 of Title 8,
Aliens and Nationality. For complete classification of this Act to
the Code, see Short Title note set out under section 1101 of Title
8 and Tables.
The Social Security Act, referred to in subsec. (c)(11), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is
classified generally to chapter 7 (Sec. 301 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this
Act to the Code, see section 1305 of Title 42 and Tables.